Organigram Inc v. Canada (Attorney General)
ORGANIGRAM INC
Law Firm / Organization
Stikeman Elliott LLP
ATTORNEY GENERAL OF CANADA
  • Context: Organigram Inc. contested Health Canada's decision classifying their product, Edison Jolts (in lozenge form), as "edible cannabis," impacting the THC limit per package.

  • Health Canada's Stance: Health Canada deemed Jolts as edible cannabis due to their lozenge shape and intended ingestion method, making them non-compliant with the THC limit for edibles.

  • Organigram's Argument: Organigram argued that Jolts didn't meet the "food" definition and were meant for sublingual absorption, aligning more with cannabis extracts than edibles.

  • Legal Concerns: The case involved questions about Health Canada's decision's reasonableness and potential breaches of procedural fairness.

  • Court's Approach: The Federal Court assessed Health Canada's decision for reasonableness and procedural fairness, focusing on product definitions, representation, and regulatory compliance.

  • Outcome: The court granted Organigram's application for judicial review and ordered a redetermination of the matter by Health Canada. The court also removed "Canada (Minister of Health)" as a named respondent.

  • Costs Awarded: Organigram was awarded costs in the all-inclusive lump sum amount of $5,000.

Federal Court
T-651-23
Health law
$ 5,000
Applicant
31 March 2023